Brawley Municipal Code Art. VII Host's Liability

(a) No host shall allow any person to violate a provision of the Brawley Fireworks Ordinance on the host's private property, except as provided below in subsection (a)2.

1. Whenever a host is present at the private property while another person violates a provision of this chapter, there shall be a rebuttable presumption that the host knew or should have known of the violation.

2. The provisions this section shall not apply to:

a. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal, state or local law;

b. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.

(b) No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

(Ord. No. 2021-06, § 3, 6-1-2021)